Memorandum Decision - Law Dictionary Search Results
Home Dictionary Name: memorandum decisionmemorandum decision
memorandum decision : a document produced by the court stating a present or intended decision usually previously announced from the bench without an accompanying opinion ...
decision
decision : an authoritative determination (as a decree or judgment) made after consideration of facts or law ;also : a report or document containing such a determination see also memorandum decision compare disposition, finding, holding, judgment, opinion, ruling, verdict NOTE: A decision, while being an authoritative determination of a disputed issue, does not have to be a final determination closing the case. Some interlocutory decisions may be appealed. de·ci·sion·al [-zhə-nəl] adj ...
memorandum
memorandum pl: -dums or: -da [-də] 1 : a usually informal written communication 2 : a record (as a note) which is used by a party seeking to enforce an otherwise oral agreement in accordance with the Statute of Frauds to prove that the other party agreed to a contract and which need not contain all the terms of the contract itself 3 : brief 4 : memorandum decision ...
age of majority
age of majority :the age at which a person is granted by law the rights (as ability to sue) and responsibilities (as liability under contract) of an adult compare emancipate NOTE: At common law, the age of majority was 21. Age of majority is now set by statute, in most states at 18. The age at which a person may perform various acts, as legally drink alcoholic beverages, make a binding contract, or make a valid will, does not necessarily correspond with the age of majority. ...
Appeal and memorandum of appeal
Appeal and memorandum of appeal, the word 'appeal' is defined as the judicial examination of the decision by a higher court of the decision of an inferior court. The appeal is the judicial examination; the memorandum of appeal contains the grounds on which the judicial examination is invited, Lakshmiratan Engineering Works v. Assistant Commissioner, AIR 1968 SC 488 (492). (Civil Procedure Code, 1908, O. 41)...
Interpretation of contract
Interpretation of contract, is a matter for the arbitrator to decide and the court cannot substitute its own decision in place of the decision of the arbitrator, General Manager, Northern Railway v. Sarvesh Chopra, (2002) 4 SCC 45....
Decision
Decision, a 'decision' does not merely mean the 'conclusion' it embraces within its fold the reasons which form the basis for arriving at the 'conclusions', Mukhtiar Singh v. State of Punjab, (1995) 1 SCC 760: AIR 1995 SC 686 (690). [Cr. PC, 1973, s. 354(1)(b)]Decision, a judgment.Decision, the word is used in the matter of the request by a party to nominate an arbitrator does not of itself mean that an adjudicatory decision is contemplated, Konkar Railway Corporation Ltd. v. Rani Construction Pvt. Ltd., (2002) 2 SCC 388.Decision, in such a situation cannot be held to be a decision till it attains finality, Rekha Mukerjee v. Ashish Kumar Das, (2004) 1 SCC 483.Decision, is not synonymous with 'judgment or order' but meant a decision or part of a decision in respect of which the House of Lords had granted leave to appeal, Regina (Jones) v. Ceredigion County Council, (2005) 1 WLR 3626 [Administration of Justice Act, 1969, s. 13(2)(a) (UK)]...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Judicial decision
Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an administrator or an administrative court entitled to follow its own procedure provided only that the rules of natural justice are observed, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.The requisites of a judicial decision or act thus: If, (a) a competent authority, not being a court in the ordinary sense, (b) has power to give a binding and authoritative decision, (c) after hearing evidence and opposition and upon consideration of facts and circumstances, and (d) imposing liability or affecting the rights of the parties, there is a duty to act judicially, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.A true judicial decision presupposes an existing dispute between two or more parties and then involves four requisites:-(1) The Presentation (not necessarily orally) of thei...
majority
majority pl: -ties 1 a : legal age b : the status of one who has reached legal age 2 a : a number or quantity greater than half of a total compare plurality b : the excess of a majority over the remainder of the total 3 a : the group or political party whose votes predominate b : the judges voting in a particular case who together determine the prevailing decision see also majority opinion at opinion compare dissent majority adj ...
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